JAIN, J. - (1.) HEARD finally with the consent of the parties.
(2.) IN these writ petitions as well as intra-court appeals, the facts are similar and a common question of law is involved. Therefore, they were heard together and are being disposed off by this common order. The relevant facts, for disposal of these cases, in brief, are that Rajasthan Public Service Commission issued an advertisement dated 9.9.2008 for the posts of Accountants, Jr. Accountants and Tehsil Revenue Accountants (back log posts) under the provisions of the Rajasthan Subordinate Accounts Service Rules, 1963 (hereinafter referred to as, "the Rules of 1963") and Rajasthan Revenue Subordinate Accounts Service Rules, 1975 (hereinafter referred to as, "the Rules of 1975"). The petitioners appeared in the examination on 25.6.2011 and result thereof was declared on 19.10.2011. All petitioners failed in the competitive examination as they could not obtained the minimum qualifying marked in compulsory subjects as per rules.
(3.) SHRI Narottam Meena and other filed S.B. Civil Writ Petition No.17251/2011 and Shri Anil Kumar Meena and others filed S.B. Civil Writ Petition No.15319/2011 before Single Bench. Both the writ petitions were dismissed by learned Single Judge vide common order dated 3rd November, 2011. Shri Narottam Meena & others have preferred D.B. Civil Special Appeal No.403/ 2012 and Shri Anil Kumar Meena has preferred D.B. Civil Special Appeal No.913/2012. The other petitioners have preferred writ petitions directly before Division Bench challenging the constitutional validity of Rule 22 of the Rules of 1963 being violative of Articles 14 and 16 of the Constitution of India.;